Trucking with a Disability

A man with a mild cerebral palsy-related
gait impairment was refused admittance to an interstate trucking firm’s
driver-training program. He had a Department of Transportation learner’s permit,
but company officials feared he could not properly operate a clutch. He sued
under the Americans with Disabilities Act (ADA) and was awarded $90,000.

In a separate case, a training school for tractor-trailer drivers was found not
to have violated the ADA after rejecting the application of a potential driver
with severe hearing loss. A federal district court determined that accommodating
such a disability would require a fundamental alteration in the school’s
program. In addition, the applicant’s inability to communicate with his
instructor while driving would threaten public safety.

Case law regarding truckers with disabilities is all over the lot. The ADA
allows workers with disabilities to seek “reasonable accommodations.” Thanks to
those accommodations, men and women with disabilities are on America’s roads
today. But the question for truck drivers often boils down to this: Can you
drive safely?

Broad Range of
Disabilities

According to Tom Weakley, director of operations for
the Owner-Operators Independent Drivers Association, the regulatory
Federal Motor Carrier Safety Administration(FMCSA) considers a number of
disabilities as potentially affecting safe driving. “Any disability that the
FMCSA believes may hinder safe driving is in their domain,” he says. If a
question is raised -- whether due to loss of limb, insulin-dependent diabetes, a
sleep disorder or any other reason -- the driver must prove he can perform his
duties safely and effectively.

Whether applying to the FMCSA individually or through his company, a driver with
a disability must show he is under a doctor’s observation. He also must pass a
skill performance evaluation, using the type of truck he would normally drive.

“For a while, the FMCSA didn’t approve anyone,” Weakley says. “But the diabetes
association and other groups protested. People were getting treatment, and they
wanted to know what the problem was. They provided logical arguments. It’s less
stringent now. People are getting CDLs (commercial driver’s licenses).”

Yet, Weakley notes, most drivers with heart problems or cardiovascular disease
-- where the danger of losing consciousness lurks -- cannot be certified. The
FMCSA is also hard on drivers with high blood pressure, which interferes with
judgment and reactions. Medications for those ailments may also increase
drowsiness.

“I’ve been on both sides,” Weakley says. “I’ve managed a fleet, and now I
represent drivers. If I still worked for a company, to be honest, I’d have
second thoughts about who should drive. Just because the FMCSA says it’s OK, can
a person without a foot drive? If there’s an accident, what would a jury think?
Would my premiums go up because my insurance company says this guy’s a greater
risk?” On the other hand, Weakley notes, “good drivers are hard to find -- and
these guys can be good drivers. Companies want to do the right thing. They’re
just not always sure what that is.”

Mental Illness
and Driving

Emotional disorders also fall under the ADA’s purview. “If you
have a psychiatric disability that is likely to interfere with your ability to
drive safely, you shouldn’t drive a truck,” Weakley says. “But I don’t know how
you determine whether bipolar disorder or depression interferes with driving.
And if you don’t allow someone to drive because of mental illness, you could be
open to an ADA claim.”

One solution is to assign drivers with an emotional disability to a
non-safety-sensitive desk job. Most drivers resist, says Weakley. “For a lot of
them, being on the road is the only thing they know. They feel they can function
perfectly well out there. It’s a great job, they’re their own boss, and the pay
is good.”

Job Accommodation Network Helps
Anne Hirsh, associate manager of the
Job Accommodation Network (JAN) -- a free consulting service working with
people with disabilities -- often hears from current and potential truckers.
Many have back or repetitive strain injuries. JAN has designed a number of
accommodations. For example, a suspension seat and vehicle cushion that reduce
vibrations allows drivers with back impairments to sit comfortably for longer
periods of time.

A trucker with thoracic outlet syndrome (a nerve disorder characterized by pain,
numbness or tingling in the arm) had difficulty driving for long periods and
unloading bags at his destination. JAN helped his employer provide a spinner
knob to eliminate prolonged grasping of the steering wheel, an anti-vibration
seat to cut down on fatigue, a small crane in the back of the trailer and a
lightweight aluminum hand truck to help unload.

Other accommodations include a swivel seat and lift so wheelchair users can get
in and out of the cab, hearing aids, hearing protection and portable TTY units
for drivers with hearing impairments, and a two-way radio allowing a driver with
a learning disability to confirm each order with his dock manager.

“When truckers contact us, it shows they really want to be good at their jobs,”
Hirsh says. “And when companies contact us, it shows their willingness to
accommodate drivers.”

If you have a disability and need help in ascertaining how your trucking job can
better accommodate your needs, contact
JAN.